CEU Electronic Theses and Dissertations, 2015
| Author | Bernatova, Lucia |
|---|---|
| Title | Standards of Diplomatic Assurances? A Comparative Study of the Impact of Diplomatic Assurances Against Torture on Risk Assessment in Refoulement Cases |
| Summary | The thesis thesis focuses on the practice of states widely used in the context of fighting against terrorism, which, in order to remove persons identified as posing a threat to national security or wanted on the basis of terrorism charges want to remove the individuals to countries where they might face torture or other ill-treatment. In order to avoid breaching their obligations under the international human rights law known as the principle of non-refoulement, the states seek to safeguard that the individual’s human rights will be respected upon removal by engaging in bilateral agreements known as diplomatic assurances. The thesis examines selected case law of the Committee Against Torture, the Human Rights Committee and the European Court of Human Rights in order to establish to what extend these authorities develop a certain set of standards of diplomatic assurances, and how this standardization impacts the risk assessment procedure. The thesis concludes that certain standardization is visible at both levels. However, the degree and type of the standardization varies – the international level exhibits the tendency to reactively define the elements missing from the assurances presented for the examination, while the European Court of Human Rights has proactively developed a certain set of criteria. This impacts also the consideration of factors in the risk assessment – the international level maintains that the state of human rights in the receiving country together with the personal status of the individual is the most important factor. In contrast, if the assurances examined before the European Court of Human Rights comply with the established criteria, they might prevail over the other factors. |
| Supervisor | OŽKeefe, Roger |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2015/bernatova_lucia.pdf |
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